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(영문) 부산지방법원 동부지원 2016.05.12 2016고단143
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 26, 2016, the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escapeing vehicle) and the Road Traffic Act (i.e., an accident) were engaged in driving of the C-learning passenger car, was driving the said vehicle under the influence of alcohol level of 0.165% at around 17:19 on January 26, 2016 in order to depart from the vehicle parked at the entrance of the parking lot of the Busan-TF library located in the Busan-TF seat.

In this case, there was a duty of care to safely drive a driver who is engaged in driving of a motor vehicle by making a good look at the traffic situation in the front and rear sides and accurately operating the steering gear.

Nevertheless, the Defendant neglected this and proceeded to a slow-down while under the influence of alcohol and continued to enter the road from the parking lot after the Defendant’s vehicle, and received the part before the right side of the E SP car driven by the victim D (43 ) which is proceeding to enter the road from the parking lot after the Defendant’s vehicle, as the part following the Defendant’s vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim F, who was on board the victim D and the damaged vehicle (e.g., 41 years of age), such as salt, tension, etc. in the vicinity of the revolving the revolving that requires approximately two weeks medical treatment, and at the same time, did not immediately stop the damaged vehicle so that the amount equivalent to KRW 360,000 of the repair cost can be avoided due to the front panion of the damaged vehicle, and escaped without taking necessary measures, such as aiding the damaged person.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) caused the primary accident while under the influence of alcohol of 0.165% in blood, as described in paragraph 1, and escaped as it is, and led to the flow of the large apartment distance in Busan, Daegu, Busan, about 17:20 on the same day to the 4-dong community service center on the side of the long distance.

At this point, there is an intersection where signal lights are installed in the front, and thus, the driver is driving of the automobile.

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